THE BASIC LAW OF THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adpoted by the Eighth National People's Congress at its First Session on 31 March 1993)
Preamble
Chapter I
II
III
IV
V
VI
VII
VIII
IX
Annexes & Appendix
Annex I
Method for the Selection of the Chief Executive of the Macao Special Administrative Region
The Chief Executive shall be elected by a broadly representative
Election Committee in accordance with this Law and appointed by the Central
People's Government.
The Election Committee shall be composed of 300 members from the
following sectors:
Industrial, commercial and financial sectors: 100
Cultural and educational sectors and other professions: 80
Labour, social services, religious and other sectors: 80
Representatives of members of the Legislative Council,
representatives of members of the municipal organs,
Macao deputies to the National People's Congress,
and representatives of Macao members of the National
Committee of the Chinese People's Political
Consultative Conference: 40
The term of office of the Election Committee shall be five years.
The delimitation of the various sectors, the organisations in each
sector eligible to return Election Committee members and the number of such
members returned by each of these organizations shall be prescribed by an
electoral law enacted by the Macao Special Administrative Region in
accordance with the principles of democracy and openness.
Corporate bodies in various sectors shall, on their own, elect members to
the Election Committee, in accordance with the number of seats allocated
and the election methods as prescribed by the electoral law.
Members of the Election Committee shall vote in their individual
capacities.
Candidates for the office of Chief Executive may be nominated jointly by
not less than 50 members of the Election Committee. Each member may
nominate only one candidate.
The Election Committee shall, on the basis of the list of the nominees,
elect the Chief Executive designate by secret ballot on a
one-person-one-vote basis. The specific election method shall be prescribed
by the electoral law.
The first Chief Executive shall be selected in accordance with the
"Decision of the National People's Congress on the Method for the Formation
of the First Government, the First Legislative Council and the First
Judiciary of the Macao Special Administrative Region".
If there is a need to amend the method for selecting the Chief Executive
for the terms subsequent to the year 2009, such amendments must be made
with the endorsement of a two-thirds majority of all the members of the
Legislative Council and the consent of the Chief Executive, and they shall
be reported to the Standing Committee of the National People's Congress for
approval.
Annex II
Method for the Formation of the Legislative Council of the Macao Special Administrative Region
In the first term, the Legislative Council shall be formed in accordance
with the " Decision of the National People's Congress on the Method for the
Formation of the First Government, the First Legislative Council and the
First Judiciary of the Macao Special Administrative Region".
The Legislative Council in the second term shall be composed of 27:
Members directly returned: 10
Members indirectly returned: 10
Appointed members: 7
The Legislative Council in the third and subsequent terms shall be composed
of 29:
Members directly returned: 12
Members indirectly returned: 10
Appointed members: 7
The method for electing members of the Legislative Council shall be
specified by an electoral law introduced by the Government of the Macao
Special Administrative Region and passed by the Legislative Council.
If there is a need to change the method for forming the Legislative
Council of the Macao Special Administrative Region in and after 2009, such
amendments must be made with the endorsement of a two-thirds majority of
all the members of the Council and the consent of the Chief Executive, and
they shall be reported to the Standing Committee of the National People's
Congress for the record.
Annex III
National Laws to Be Applied in the Macao Special Administrative Region
The following national laws shall be applied locally with effect from 20
December 1999 by way of promulgation or legislation by the Macao Special
Administrative Region:
- Resolution on the Capital, Calendar, National Anthem and National Flag of
the People's Republic of China
- Resolution on the National Day of the People's Republic of China
- Nationality Law of the People's Republic of China
- Regulations of the People's Republic of China Concerning Diplomatic
Privileges and Immunities
- Regulations of the People's Republic of China Concerning Consular
Privileges and Immunities
- Law on the National Flag of the People's Republic of China
- Law on the National Emblem of the People's Republic of China
- Law of the People's Republic of China on the Territorial Sea and the
Contiguous Zone
Decision of the National People's Congress on the Basic Law of the Macao Special
Administrative Region
of the People's Republic of China
(Adopted by the Eighth National
People's Congress at its First Session on 31 March 1993)
The Eighth National People's Congress at its First Session adopts the Basic
Law of the Macao Special Administrative Region of the People's Republic of
China, including Annex I, "Method for the Selection of the Chief Executive
of the Macao Special Administrative Region", Annex II, " Method for the
Formation of the Legislative Council of the Macao Special Administrative
Region", Annex III, " National Laws to Be Applied in the Macao Special
Administrative Region", and the designs of the regional flag and regional
emblem of the Macao Special Administrative Region. Article 31 of the
Constitution of the People' s Republic of China provides: "The state may
establish special administrative regions when necessary. The systems to be
instituted in special administrative regions shall be prescribed by law
enacted by the National People's Congress in the light of the specific
conditions." The Basic Law of the Macao Special Administrative Region is
constitutional as it is enacted in accordance with the Constitution of the
People's Republic of China in the light of the specific conditions of
Macao. The systems, policies and laws to be instituted after the
establishment of the Macao Special Administrative Region shall be based on
the Basic Law of the Macao Special Administrative Region.
The Basic Law of the Macao Special Administrative Region of the People's
Republic of China shall be put into effect as of 20 December 1999.
Decision of the National People's Congress
on the Establishment of the Macao
Special Administrative Region
of the People's Republic of China
(Adopted by the Eighth National People's Congress
at its First Session on 31 March 1993)
In accordance with the provisions of Article 31 and subparagraph 13 of
Article 62 of the Constitution of the People's Republic of China, the
Eighth National People's Congress decides at its First Session:
- that the Macao Special Administrative Region is to be established as of
20 December 1999; and
- that the area of the Macao Special Administrative Region covers the
Macao Peninsula, Taipa Island and Coloane Island. The map of the
administrative division of the Macao Special Administrative Region will be
published by the State Council separately.
Decision of the National People's Congress
on the Method for the Formation of the First
Government, the First Legislative Council and
the First Judiciary of the Macao Special
Administrative Region
(Adopted by the Eighth National People's Congress
at its First Session on 31 March 1993)
The First Government, the First Legislative Council and the First
Judiciary shall be formed in accordance with the principles of state
sovereignty and smooth transition.
The National People's Congress shall establish a Preparatory Committee
for the Macao Special Administrative Region, which shall be responsible for
preparing the establishment of the Region and shall prescribe the specific
method for forming the First Government, the First Legislative Council and
the First Judiciary in accordance with this Decision. The Preparatory
Committee shall be composed of mainland members and of Macao members who
shall constitute not less than 50 per cent of its membership. Its chairman
and members shall be appointed by the Standing Committee of the National
People's Congress.
The Preparatory Committee for the Macao Special Administrative Region
shall be responsible for preparing the establishment of the Selection
Committee for the First Government of the Macao Special Administrative
Region ("the Selection Committee").
The Selection Committee shall be composed entirely of permanent residents
of Macao and must be broadly representative. It shall include Macao
deputies to the National People's Congress, representatives of Macao
members of the National Committee of the Chinese People's Political
Consultative Conference, persons with practical experience who have served
in Macao's executive, legislative and advisory organs prior to the
establishment of the Macao Special Administrative Region, and persons
representative of various strata and sectors of society.
The Selection Committee shall be composed of 200 members, among whom:
Industrial, commercial and financial sectors: 60
Cultural and educational sectors and other professions: 50
Labour, social services, religious and other sectors: 50
Former political figures, Macao deputies to the
National People's Congress, and representatives
of the Macao members of the National Committee
of the Chinese People's Political Consultative
Conference:
The Selection Committee shall recommend the candidate for the first
Chief Executive through local consultations or through nomination and
election after consultation, and report the recommended candidate to the
Central People's Government for appointment. The term of office of the
first Chief Executive shall be the same as the regular term.
The Chief Executive of the Macao Special Administrative Region shall be
responsible for preparing the formation of the First Government of the
Region in accordance with this Law.
The First Legislative Council of the Macao Special Administrative Region
shall be composed of 23 members, with 8 members returned through direct
elections, 8 members returned through indirect elections, and 7 members
appointed by the Chief Executive. If the composition of the last Macao
Legislative Council before the establishment of the Macao Special
Administrative Region is in conformity with the relevant provisions of this
Decision and the Basic Law of the Macao Special Administrative Region,
those of the elected members who uphold the Basic Law of the Macao Special
Administrative Region of the People's Republic of China and pledge
allegiance to the Macao Special Administrative Region of the People's
Republic of China, and who meet the requirements set forth in the Basic Law
of the Region may, upon confirmation by the Preparatory Committee, become
members of the First Legislative Council of the Region. Any vacancy in the
First Legislative Council of the Region shall be filled by a decision of
the Preparatory Committee.
The term of office of members of the First Legislative Council of the Macao
Special Administrative Region shall last until 15 October 2001.
The Preparatory Committee of the Macao Special Administrative Region
shall be responsible for organizing the Court of the Macao Special
Administrative Region in accordance with the Basic Law of the Region.
Decision of the National People's Congress on
Approving the Proposal by the Drafting
Committee for the Basic Law of the Macao
Special Administrative Region on the Establishment
of the Committee for the Basic Law
of the Macao Special Administrative Region
under the Standing Committee of
the National People's Congress
(Adopted by the Eighth National People's Congress
at its First Session on 31 March 1993)
The Eighth National People's Congress decides at its First Session:
to approve the Proposal by the Drafting Committee for the Basic Law of
the Macao Special Administrative Region on the Establishment of the
Committee for the Basic Law of the Macao Special Administrative Region
under the Standing Committee of the National People's Congress; and
2. to establish the Committee for the Basic Law, of the Macao Special
Administrative Region under the Standing Committee of the National People's
Congress when the Basic Law of the Macao Special Administrative Region of
the People's Republic of China is put into effect.
Appendix
Proposal by the Drafting Committee for the
Basic Law of the Macao Special Administrative
Region on the Establishment of the
Committee for the Basic Law of the
Macao Special Administrative Region
under the Standing Committee of the
National People's Congress
Name: The Committee for the Basic Law of the Macao Special
Administrative Region under the Standing Committee of the National People's
Congress.
Affiliation: To be a working committee under the Standing Committee of
the National People's Congress.
Function: To study questions arising from the implementation of Articles
17, 18, 143 and 144 of the Basic Law of the Macao Special Administrative
Region and submit its views thereon to the Standing Committee of the
National People's Congress.
Composition: Ten members, five from the mainland and five from Macao,
including persons from the legal profession, appointed by the Standing
Committee of the National People's Congress for a term of office of five
years. Macao members shall be Chinese citizens who are permanent residents
of the Macao Special Administrative Region with no right of abode in any
foreign country and shall be nominated jointly by the Chief Executive,
President of the Legislative Council and President of the Court of Final
Appeal of the Region for appointment by the Standing Committee of the
National People's Congress.